L8890 National Security Investigations and Prosecutions

This course, taught by two career federal prosecutors from the U.S. Attorney's Office for the Southern District of New York, examines how the United States law enforcement and intelligence communities respond to the ongoing threat of terrorism, with an emphasis on the challenges involved in investigating and prosecuting terrorism cases in federal criminal court. Specific topics include: the law enforcement response to terrorism since the 1993 World Trade Center attacks, including the substantive and procedural tools available in terrorism investigations and prosecutions; the coordination of, and potential conflicts between, law enforcement and intelligence gathering; and alternative models to conventional criminal prosecution of terrorism cases, including military commissions, national security courts, and indefinite wartime detention. Course materials include not only relevant case law and statutes, but indictments and other filings in recent terrorism cases. A few classes will be devoted to discussion with outside guests from the law enforcement and intelligence communities.